Hōreki 4 (1754) Kinoe inu, First Month
Register of Rules and Agreements within the Neighborhood
Miike dōri 5-chōme
- Concerning the affixing of seals to the “Three-Clause Statement” put forth by the Public Authority, all chō members will gather without delay at the chō office at eight AM on the first day of each month and affix their seals. We members of the chō ourselves adhere to the contents of these three clauses, of course, and we strictly make everyone down to the lowest tenants adhere to them as well. Also, if there is a matter concerning management of the chō that needs to be discussed at that time, we will each bring those matters forth and come to a conclusion by appropriately discussing them.
- Concerning the Register of Religious Affiliation, everything – starting with we chō members, of course, down to the lowest tenants; the births of children, adoptions, and marriages; replacement of or the births and deaths of male and female servants; and so on – should be reported via memo when it occurs and noted in the Register without fail.
- Those not recorded in the Register are not to stay in the chō. If there is a person who has circumstances which requires that he or she share a residence [with an unregistered person], he or she must report those circumstances to the headman and after receiving orders, must add the unregistered person to the Register of Religious Affiliation. Although, if one of you acts as sub-guarantor for a tenant [in another chō] when he or she rents a property and that person must leave that property and [having nowhere else to go] comes to stay with you, you should immediately report it to the headman of course if it is another person, but also if it is a relative or acquaintance, and that information will be added to the Register of Religious Affiliation.
- When you are to be a monthly representative you are not to travel to another area outside of Osaka or Settsu Province. However, if there are unavoidable circumstances, first discuss [them] with the headman and other monthly representative, and then follow their instructions.
- When it seems as though a conflict might lead to an official lawsuit, the headman, five-household association, and landowners will intervene, closely listen to the circumstances, and arrange a settlement [between the parties].
- We will tell the various tenants to take care using fire whether day or night. Additionally, if a suspicious person is entering and leaving, the landowner/caretaker, neighbors, and five-household association should mutually check.
- If, in the various rental properties there is an insolent person, or one who does not listen to the landowner/caretaker’s words and says willful things, make that person change residences immediately. If that person moves to another chō, that is OK, but he or she must not rent within this chō again.
- If a tenant changes residences, before he or she moves, notify [the chō office] and confirm the owner of the rental where he or she will move to. Or, if there is a person moving into the chō from another area, notify the chō office before renting the property, and accurately confirm that person’s name and former address. After that, if you rent the property to that person, check the documentation from his or her parish temple (Shūshi tegata), make him or her turn said documentation into the chō office, and make them stamp the Registry of Religious Affiliation.
- If there is a person who would move from the chō to another location [outside Osaka], you must notify the City Governor’s Office beforehand and only after following their instructions [or receiving permission], allow that person to move. Previously the Public Authority ordered this.
- Buildings which line the front of lots [i.e. the street side] should not be earthen storehouse style construction. Generally, do not worsen the appearance of the chō.
(Sticky note): “There was an order given in the fifth month of Kansei 4 (1792). ‘Endeavour to take precautions against fire: build earthen storehouses here and there on [your] lots.’”
- When buying or selling lots, inform the chō and after receiving their approval, exchange preliminary agreements of sale (tetsuke shōmon).
- Concerning the buying and selling of lots in the chō, the chō members have agreed that sale to the following people is not allowed. Additionally, [landowners] cannot borrow money with one’s lot as collateral from one of these people.
- Lime producers/merchants*
*Translator’s note: The original uses the word shōbai 商売 for most of the occupations below. It is clear from context, however, that the shōbai does not simply mean “sale, commerce, or trade,” but can also mean “production,” “occupation,” or “provider of service.” In this way, it is unclear whether these items would be produced elsewhere and then sold within the chō, or produced and sold within the chō.
- Tanned deer hide merchants, smoked hide merchants, or glue or gelatin merchants
- People providing temporary housing to or who act as guarantors for those seeking to become servants
- Those who use horses to transport goods professionally
- Tea house operators, bathhouse operators, or actors
You cannot sell to those who have previously engaged in one of these professions (actors or operators of tea houses or bathhouses), even if they are no longer engaged in them.
- Kettle smiths or casters of metal objects
- Smiths making anchors
- Oil pressers
- Beef-tallow candle makers
- Urine or nightsoil merchants
- Dealers of funerary goods
- Temples or smaller places of practice (dōjō) of True Pure Land Buddhism
- Lime producers/merchants*
- When the chō headman is replaced, members of the chō [as a group] are to give one gold ryō as a celebratory gift and as money for food and drink (taruzakana ryō).
However, when the chō members treat the new headman to food, it is to be a one main dish, one soup, and two sides (ichijū sansai) dinner of non-extravagant** food.
**Translator’s note: The original uses the word dekiai 出来合, which can mean “prepared” in the context of premade. However, in this case it makes more sense to be non-extravagant food.
- When a member of the chō takes a wife, the other members will give him 200 gold hiki as a celebratory gift. On the other hand, the person getting married will treat chō members and chō employees to a meal. However, if [instead of treating them to a meal] that person gives the equivalent in money, it should be as decided in the Shikimoku chō.
- When a son of a member of the chō is married, it is the same as the above.
- When a chō member adopts a child, the other chō members give that person five silver ryō as a celebratory gift. Also, that person should give debuting money (kaomisegin) as it is described in the Shikimoku chō.
- When bringing in a husband [who will be an adopted heir], the chō members pay 200 gold hiki as a celebratory gift.
On the other hand, that person [i.e. the father-in-law] should pay the money for [the son-in-law’s] debut and treat the other chō members and chō employees to a meal. However, if he gives the equivalent to a meal in money, it is to be in the way described in the Shikimoku chō.
- When a caretaker takes a wife, the chō members [together] give the caretaker 200 gold hiki. On the other hand, the caretaker must treat the chō members and chō employees to a meal. However, if he gives the equivalent to a meal in money, it is to be in the way described in the Shikimoku chō.
- When a caretaker’s son is married, it is to be the same as the above.
- When a caretaker adopts a child, the members of the chō give 2 silver ryō as a celebratory gift. On the other hand, that caretaker is to give a debuting gift of silver to the other members as described in the Shikimoku chō.
- When a landowner living in another chō has a servant [in charge of running a store in our chō, and that servant] adopts a child or is married, no celebratory gift is given.
- When the Shūshi maki is stamped for the first time in the new year, and when the new Shūshi maki is stamped in the tenth month, the members of the chō are to treat the headman to a drinking party (shuseki). However, everyone is to have one main dish, one soup, and two sides of non-extravagant food.
- When the name of a landowner is changed in the neighborhood land register because of buying/selling or inheritance, the headman, monthly representatives, five-neighbor association, and chō employees are to be treated to a meal of prepared foods.
- When a caretaker is placed [in charge of a lot], or replaced, it is to be the same as the above.
- Since caretakers also pay the equivalent of food and drink (furumai ryō) during a wedding or the money when their adopted children debut, the distribution of these gifts to caretakers is to be the same as those given in the case of landowners themselves.
- Concerning the distribution of the 5% fee from buying/selling lots, the same amount as that given to landowners with a lot that has a tax assessment of one yaku is to be given to the chōdai employees.
- When there is a change to the neighborhood register for a lot, one silver ryō for each yaku of tax assessment is to be given to the district chief, and two silver monme are to be given in accordance with duties and position to each of the following: the secretary of the district office, its chief, and lower employees, as well as the secretary of Horie.
However, even if the lot concerned is assessed at half a yaku, the celebratory gift is to be the same as that for a lot of one yaku.
- Shibushiya Yoichirō said that he wanted to transfer one of his lots to his servant, Kanbē, so the members of the chō discussed it. The chō members stated that they would not allow it because it was a chō rule from before that inheritance and transferring lots is allowed to relatives as far removed as cousins, however, transferring a lot to an employee is not accepted. However, because Shibushiya repeatedly requested to be allowed to transfer his lot, the headman Nagaokaya Kyūbē mediated between the two sides and presented the equal condition that Shibushiya would be allowed to pay half of the 5% normally given during a sale, if the chō would be willing to accept that. The chō members found this difficult to accept, but in order for the headman to save face, they allowed Shibushiya to pay half of the 5%, but made him give the same amount of celebratory money as if he had sold the lot, and so they allowed the changing of the neighborhood land register. Though this went against the formalities from long ago, because of the mediation of the headman in the manner [described] above, the compromise was reluctantly reached. Because of this, the chō members discussed and stamped a statement that from now on inheritance or transferring lots is not allowed to relatives farther removed than cousins, or employees, reaching even to low-ranking servants. This was recorded in the back of the neighborhood’s Shikimoku chō dated to the eleventh month of Kanpō 3 (1743), but now, because we are remaking the Shikimoku chō, we have recorded it so everyone knows of it. Because it is so, transferring lots to relatives or relations not listed in the pages of the Shikimoku chō, male and female servants, and so on, is absolutely not allowed.
In the above manner, we will not violate the rules and formalities agreed upon from old. For future reference, that which we all affix our seals to is as above.
【Key Terms and Phrases】
Gokōgi (御公儀)… The Public Authority. Usually the Tokugawa Bakufu or a branch thereof, in this case it refers specifically to the City Governor (Machibugyōsho). ／ Sankajō gohatto (三ヶ条御法度)… Three regulations outlawing Christianity, gambling, and prostitutes (yūjo) being outside the licensed pleasure districts. ／ Tsukinami (月並)… each month. ／ Hangyō (判形)… a name seal or stamp (inkan or hanko), or the act of affixing that seal to a document. ／ Itsutsu doki (五ツ時)… around eight o’clock in the morning. ／ Chōgi (丁儀)… Matters concerning the running of the chō. ／ Hirō (披露)… Announcing to or notifying someone of something. ／ Shūshi ninbetsu (宗旨人別)… A record of religious affiliation. Statements from a person’s parish temple (danna dera) confirming that that person is not a Christian are recorded in the chō’s Shūshi ninbetsuchō. Not to be confused with the Shūshi maki, which is a certification of the “Three-Clause Statement” that was sealed every month by the chō members. ／ Seishi (生死)… Birth and death. However, since it is difficult to think that the document refers to the birth of contracted male or female servants, it probably deals with their deaths. ／ Shizen (自然)… If; in the case that… ／ Dōke (同家)… to live together, or to be allowed to do so. ／ Wake (訳)… Circumstances or reasons. ／ Ai kotowari (相断)… report or notify. ／ Shitauke (下請)… If using a professional guarantor (ieukenin 家請人) when renting a part of a lot, it was often required to have relatives or acquaintances also add their seal as a sub-guarantor (shita uke). Professional guarantors made their living by receiving cash to act as guarantors in rental agreements; they also introduced rental properties. ／ Tasho, takoku (他所・他国)… Tasho means outside Osaka, while takoku means outside Settsu Province where Osaka is located. ／ Katagatsugyōji (片月行司)… Of the two monthly representatives serving each month, this term refers to one of them; in the context of the Clause above, this means “the other monthly representative.” ／ Kuji deiri (公事出入)… A dispute that results in an official lawsuit. ／ Shitazumi (下済)… To reach an agreement between the involved parties; mediation or arbitration. ／ Ienushi (家主)… Means iemochi, or landowner. However, ienushi is used when expressing the managerial/administrative responsibilities landowners have concerning their lots. ／ Waki yori (脇より)… from outside the chō. ／ Kaisho (会所)… The chō administrative office (chōkaisho). ／ Nadokoro (名所)… The identity and previous address of a tenant desiring to move into the chō; it was required to confirm that there was nothing unusual concerning that person. ／ Shūshi tegata (宗旨手形)… A document from one’s parish temple (danna dera) stating that one is not a Christian. ／Gobansho (御番所)… The City Governor’s Office (Machibugyōsho). ／ Ieyashiki toriai ni (家屋敷取合ニ)… Possibly meaning here and there in a lot. ／ Chōchū wagō (丁中和合)… The understanding and approval of all landowners in the chō. ／ Tetsuke shōmon (手附証文)… Before exchanging a formal deed of sale when buying/selling a lot, the buyer would pay a portion of the price, and the two would exchange a certificate agreeing to the sale. This preliminary certificate was called a tetsuke shōmon. ／ Shiragawa fusubekawa shōbai (白皮ふすへ革商売)… Shirakawa is tanned deer hide. Fusuberu (燻べる) is a technique of smoking a hide to give it a white or brown color, a process which potentially involved raw hide. Both those of kawata status and shirakawa specialists (shirakawashi 白革師) dealt in shirakawa, but shirakawa specialists were not of the kawata status. ／ Nikawa (煮皮)… Gelatin or glue made by boiling animal hides. ／ Hitoyado Hitouke (人宿人請)… Hitoyado were people who acted as intermediaries or brokers (kuchiire) for servants. They were called hitoyado (or person’s housing) because they temporarily housed people wishing to become servants. When a contract of servitude was arranged, the hitoyado acted as a guarantor. Being a guarantor for this type of contract was called “hitouke.” ／ Umakata (馬方)… Shippers who utilized horses. ／ Shimokuso (下屎)… Excrement. Human waste produced in cities was an essential fertilizer for surrounding farming villages. ／ Jishakata dōjō (寺社方道場)… A Buddhist temple or smaller practice hall in the True Pure Land (Jōdo Shinshū) tradition. While the temples of most Buddhist schools were not allowed to be built within the commoners’ area of the city of Osaka, those of the True Pure Land school were. ／ Kajiichigin (家質銀)… The money one receives when taking out a loan with one’s lot as collateral. ／ Kin nihyappiki (金弐百疋)… Two hundred gold hiki. One hundred gold hiki equaled a gold bu 分 , or one-quarter of a gold ryō 両. ／ Yakunin (役人)… An administrator or official. However, since later in the document yakunin is differentiated from chō headman, here it probably means chō employees of the chōdai 町代 rank and lower. Here it says “chōchū narabi ni yakunin made” 「丁中幷役人まて」, which means “landowners (as a given ), and in addition to them people even down to [the level of chō] officials [as well].” ／ Shikimoku chō (式目帳)… At the same time the Register of Rules and Agreements within the Neighborhood (Chōnai kakushiki mōshiawase chō 町内格式申合帳) was compiled, another document called the Shikimoku chō was written. The Shikimoku chō describes the amount of money to be paid to the chō in various situations. ／ Gin go ryō (銀五両)… Five silver ryō. A ryō was usually an amount of currency in gold, but was also used as a denomination of silver currency. In that case, one silver ryō was worth 4 monme 3 bu in silver. Furthermore, one silver mai was worth 43 silver monme. ／ Shinmaki (新巻)… A new “Scroll affirming adherence to the Three-Clause Statement” or Shūshi maki. The Shūshi maki started in the tenth month of the year. It was stamped each month by the landowners, and when a year had passed in the ninth month, the old Shūshi maki was turned in to the district office. Submitting the old Shūshi maki to the district office was called “maki osame” 巻納. Though directly translated as the “Scroll of Religious Affiliation,” the Shūshi maki more accurately corresponds to the “Three-Clause Statement” (that there are no Christians, nor is there gambling or prostitution in the chō) seen in Clause One. ／ Namae yuzuri (名前譲り)… The transfer of rights of ownership of a lot not through sale, but through inheritance, and so on. ／ Chōgiri (帳切)… Changing the name of an owner of a lot in the neighborhood land register because the rights of ownership were transferred. ／ Jikimochi (直持)… When a landowner directly manages a lot without a caretaker. ／ Furumaigin warikata (振舞銀割方)… The manner of dispersing to landowners the money given to the chō as an equivalent to food and drinks (furumaigin) on various occasions. ／ Buichigin ichiyakubun (分一銀壱役分)… When buying/selling a lot, 5% of the lot price is given to the chō – this 5% is called buichigin. This was divided and distributed to the landowners of the chō based on the tax assessment of their lots (yakusū). Here, it is decided that the chō officials would receive an amount that was the same as that of an owner of a lot assessed at one yaku. ／ Yakuō (役応)… Perhaps it means in conjunction with the function and position of the functionaries such as the secretaries (monokaki), office guards (kaishomori), and assistants (geshuku) who worked for the district headman or at the district office, or as the Horie secretary (possibly a secretary who was employed solely by the Horie area). ／ Tedai (手代)… A servant who handled the business aspects of merchant houses. ／ Senki yori (先規より)… From previously. ／ Aisatsu (挨拶)… Arbitration, mediation. ／ Ryōken (了簡)… To endure and give one’s consent (even though one does not wish to do so). ／ Kibo (規模)… Honor. To not lose face. ／ Baiken no tōri (売券之通)… In the same way as a deed of sale. In the context of the case of Shibushiya, it means “in the same way as a sale in which a deed of sale is made.” ／ Komono (小者)… A servant of low rank. ／ Oku (奥)… The final part of a document or register. ／ Ihai (違背)… Against the law.